Section 7.03 - Licensure and ApprovalThe following requirements apply to all programs, including family child care, small group and school age and large group and school age child care. Additional requirements specific to family child care are found at 606 CMR 7.03(5). Additional requirements specific to small group and school age child care are found at 606 CMR 7.03(6). Additional requirements specific to large group and school age child care are found at 606 CMR 7.03(6) and (7).
(1)Application for Licensure. In order to provide all children "a fair and full opportunity to reach their full potential," the Department has developed specific requirements for programs to be licensed. The licensee bears ultimate responsibility for compliance with 606 CMR 7.00. The Department may issue a child care license provided that: (a) in the opinion of the Department, the services offered by the program are adequate to protect the health and safety of the children;(b) within one year prior to licensure the licensee (or his or her designee) has attended an orientation to early education and care approved by the Department; and(c) the applicant submits a completed application on a form provided by the Department, the required license application fee and the following documents: 1. evidence of the applicant's compliance with the requirements of 102 CMR 1.05(1);2. upon request of the Department evidence that program activities support and engage children through specific learning experiences, as required by 606 CMR 7.06(1)(b);3. documentation of all inspections, as required by 606 CMR 7.07(2) through (5) and 7.12(15)(b) and (c), as applicable;4. a copy of the written information for parents, as required by 606 CMR 7.08(6);5. forms to record information required to be maintained in children's records, as required by 606 CMR 7.04(7);6. evidence of compliance with St. 1983, c. 233, Revenue Enforcement and Protection Program (REAP) on a tax certification form provided by the Department;7. if the program uses volunteers, a plan for their use that includes: a. appropriate orientation, supervision and trainingb. documentation of the dates, hours of service and responsibilities of each volunteer used by the program;c. a provision that volunteers must be under the direct visual supervision of an EEC qualified educator at all times; andd. provisions for compliance with EEC Background Record Check regulations regarding volunteers.(2)Licensed Capacity. Programs will be licensed for the maximum number of children who may be in the care of educators at any one time, taking into consideration the size and layout of the physical facility, the number and qualifications of educators, the equipment and resources available to the children, the individual needs and characteristics of the children served, and the building certificate capacity, if applicable. At no time shall a program admit, supervise or provide care for more than the maximum number of children indicated on the license.(3)Renewal. In preparing for renewal of a license, certificate or letter of approval the licensee or person holding the certificate or letter of approval must file a written application for renewal on forms provided by the Department and pay any required application fee not less than 30 days before the date of expiration of the current license, certificate, or letter of approval. Provided that the application for renewal is filed timely, the license, certificate or letter of approval will remain in effect until the Department makes a final determination on the application. In addition, the applicant must:(a) participate in a license renewal meeting approved by the Department, and(b) review all of the written plans and documents required by 606 CMR 7.00 and submit copies of: 1. any of the required written plans or documents that have been revised during the licensing period;2. current inspection certificates required by 606 CMR 7.00; and3. any document required by 606 CMR 7.00 if requested by the Department.(4)Pilot or Demonstration Projects and Variances.(a) Proposals for pilot or demonstration projects for the innovative delivery of services related to a program will be considered by the Department upon written request. However, no project shall be implemented without prior written approval of the Department. The Department may require that specific proposals include an evaluation component to determine the effectiveness of the project and may also consider any other evidence relevant to the proposal prior to granting approval. Projects shall be implemented only on an experimental basis for a specified period not to exceed the term of the license. If the Department receives or finds evidence that the conditions of the approval have been violated, the project will be terminated.(b)Standard Variances. The Department may, upon written request, grant a variance of any provision contained in 606 CMR 7.04 through 7.13 and allow an alternative method for compliance with such regulation if the applicant for the variance provides clear and convincing evidence, including, at the request of the Department, expert opinion which demonstrates to the satisfaction of the Department that the applicant's alternative method will comply with the intent of the regulation for which a variance is requested. The Department may consider any other evidence relevant to the request for a variance. Such variances may be granted, in writing, for a specified period of time not to exceed the term of the license. If the Department receives or finds evidence that the conditions of the variance have been violated, the variance will be rescinded.(c)Variances During State of Emergency. Should the Department find that a State of Emergency affecting the provision of the essential functions of government has been declared by the state and/or Federal entity with the authority to do so, the Department, in its sole discretion, may, on its own initiative, issue a written, electronic or broadcast variance regarding expected compliance with any or all of the regulatory requirements set forth in 606 CMR 7.00 or any or all other regulations governing the Department of Early Education and Care. The Department, through policy and technical assistance, will offer guidance to the extent allowed by the nature of the emergency, regarding regulatory compliance during such emergencies and their aftermath.(5)Additional Requirements for Family Child Care. (a)Documents Required for Licensure. In addition to the documents required for licensure specified at 606 CMR 7.03(1)(c), the Licensee must submit: 1. copies of the lead paint disclosure statement required by 606 CMR 7.07(15)(a)2;2. certification of current training in CPR and first aid, per 606 CMR 7.09(15)(e);3. health records, as evidence of compliance with 606 CMR 7.09(11).(b)Duration of a License. A regular license or approval is valid for three years from the date of issuance unless revoked, suspended, or made probationary.(c)Determining Capacity. The following children will be considered to be in the care of educators:1. every child who lives in the family child care home who is younger than a school age child;2. every child who lives in the family child care home who is home schooled, regardless of age;3. every child younger than ten years old who lives in the residence and is present for more than three consecutive hours on each of five consecutive days, excluding weekends and holidays;4. every person younger than 14 years old who does not live in the residence and is present during the time that child care is being provided;5. during overnight care, every person younger than 18 years old who is present in the home.(d)License Status. A Licensee who voluntarily ceases or suspends providing care while remaining licensed may elect inactive status. To become inactive, a licensee must notify the Department that care has ceased, and must return to the Department the license. Child care may resume after the licensee has requested that the Department return the license and has indicated to the satisfaction of the Department that the child care home is in compliance with all relevant EEC licensing regulations. While the license is inactive, the Department will not include the licensee on its roster of active educators. The acceptance by the Department of inactive status shall not limit the Department's authority to investigate compliance with EEC licensing regulations nor to take adverse action against the license as appropriate, pursuant to 102 CMR 1.00, 606 CMR 7.00, and 606 CMR 14.00.(e)Location of Care. For the purposes of 606 CMR 7.00, family child care may only be provided in a dwelling that provides complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation. In addition, the dwelling must: 1. be occupied for living purposes on a full time basis by either the licensee, or an individual personally known to the licensee, as the occupant's legal residence; or2. be unoccupied and be: a. located physically on the same property as the licensee's permanent residence and such residence is a single family home; orb. located in a duplex structure containing two independent side-by-side dwelling units and the licensee permanently resides in the other dwelling unit located in the duplex; orc. located in a structure with a maximum of three stories, with no more than one dwelling unit located on each floor level, and the licensee permanently resides in one of the other dwelling units located in the three story structure.(f) A family child care licensee may not hold more than one family child care license.(6)Additional Requirements for Small Group and School Age and Large Group and School Age Child Care Programs.(a)Application for Licensure. In addition to the provisions of 606 CMR 7.03(1)(c), the applicant must submit: 1. evidence of authority to operate, including the names and addresses of all owners or, in corporations, the Officers, as required by 606 CMR 7.04(17)(b);2. evidence of the ability to provide appropriate supervision of children and staff/child ratios, as required by 606 CMR 7.10(1) and (2) and staff schedules, as required by 606 CMR 7.10(8)(b);3. the written plan for staff orientation, as required by 606 CMR 7.09(17)(a)2.;4. the written plan for staff supervision, as required by 606 CMR 7.09(17)(b);5. evidence of a lead paint inspection as required by 606 CMR 7.07(16)(a);6. a plan for diapering and toileting, as required by 606 CMR 7.11(18)(c)1.;7. a copy of the program's enrollment procedures and non-discrimination statement, as required by 606 CMR 7.04(17)(g);8. evidence of the ability to provide an administrative designee, as required by 606 CMR 7.04(17)(m);9. a plan for the use of student interns, if applicable, as required by 606 CMR 7.04(17)(j);10. a written plan for staff meetings, if applicable, as required by 606 CMR 7.04(17)(k);11. personnel policies, if applicable, as required by 606 CMR 7.04(17)(l); and12. the written plan for referral services, as required by 606 CMR 7.04(17)(h);13. the written plan to avoid the suspension and termination of a child, as required by 606 CMR 7.04(17)(i).(b)Duration of the License.1.Provisional License. The Department may issue a provisional license to a program that has not previously operated, or that has not complied with or is unable to comply with all applicable regulations provided that care give in the program is adequate to protect the health and safety of the children. A provisional license is valid for six months from the date of issuance unless revoked, suspended or made probationary. The provisional license may be renewed once for no more than six additional months.2.Regular License. A regular license or approval is valid for two years from the date of issuance unless revoked, suspended, or made probationary.3.Summer Camp Programs.a. A program that obtains a summer camp permit from the Department of Public Health for operation at its licensed facility may be issued a school-year-only license if it provides to the Department a copy of its summer camp permit.b. A program that relocates to an off-site summer camp during part of the program day is subject to 606 CMR 7.00 during the hours that children are located at the licensed facility.(7)Additional Requirements for Large Group and School Age Child Care Programs. In addition to the written documents required for licensure specified by 606 CMR 7.03(1)(c) and 7.03(6), the applicant must submit:(a) Background Record Check policies;(b) financial documentation, as required by 606 CMR 7.04(18)(a);(c) a copy of the health care policy, as required by 606 CMR 7.11(19)(a);(d) procedures for transition of a child, as required by 606 CMR 7.04(18)(b);